A/HRC/7/9
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40. The mandate-holder should also work closely with the Working Group on the Right to
Development and its high-level task force. The Working Group has been mandated to monitor
and review progress made in the promotion and implementation of the right to development,
which involves consideration of the many issues that also fall within the ambit of public finance.
The new mandate-holder should take into account the plans of the Working Group in defining
workplans and the focus of intervention in order to ensure complementarities.
41. The new mandate-holder should also call for greater engagement by the stakeholders,
notably States, international financial institutions, other United Nations bodies and
non-governmental organizations. For example, the World Bank and IMF have both developed
expertise in the areas of social impact assessment and social policy and protection. It is important
to acknowledge that efforts have been made by a variety of organizations and individuals to look
into the impact of public finance on human rights. Seeking collective wisdom will be essential to
produce recommendations, which can be accepted and implemented by the parties concerned. In
this context, the consultation organized in July 2007 was extremely helpful in bringing together
different viewpoints, and a similar mechanism should be contemplated to continue to support the
work of the mandate.
IV. CONCLUSIONS AND RECOMMENDATIONS
42. The independent expert is submitting to the Human Rights Council at its session the
draft he has been working on for the general guidelines to be observed by States and by
private and public, national and international financial institutions in the decision-making
and execution of debt repayments and structural reform programmes, including those
arising from foreign debt relief. They are aimed at ensuring that States’ compliance with
the commitments derived from foreign debt will not undermine their obligations to ensure
the realization of fundamental economic, social and cultural rights for their citizenry, as
provided for in international human rights instruments. The draft general guidelines
reflect the independent expert’s core recommendations concerning economic reform policy
and foreign debt.
43. The independent expert encourages States to define country-specific minimum
standards or core content in the areas of economic, social and cultural rights. Such
standards must be coherent with the provisions of international human rights law, in
particular the International Covenant on Economic, Social and Cultural Rights and take
into account the relevant general comments of the Committee on Economic, Social and
Cultural Rights. The existence of such standards would be an important step towards the
implementation of the general guidelines.
44. Shareholders and member States of organizations such as the World Bank and IMF
are bound by international human rights law. They should therefore review their own
internal procedures and institutional set-ups, including their articles of agreement if
necessary, in order to harmonize them with international human rights law. Integration
of human rights obligations within the overall objectives of all multilateral organizations
would reduce the risk of conflicting and contradictory policy advice to developing
countries.
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